Firearms in Forests and Parks

[MudCamper]

"Can I possess/carry my handgun/rifle/shotgun openly/loaded/concealed/otherwise when I am hiking/camping/hunting/other in the forest/park/campground/wilderness in California?"

We see questions like this often. This thread is meant as an informational post to address them.

First, understand that there are many different types of "forests" and "parks" and they are all run by different government agencies with different regulations.

Here is a list of parks, forests, public, and quasi-public lands, and their respective firearms restrictions:

- National Parks, Federal, National Park Service, US Department of the Interior - firearms currently prohibited *1
- National Forests, Federal, US Forest Service, US Department of Agriculture - firearms permitted but CA state law applies *2
- BLM Land, Federal, Bureau of Land Management, US Department of the Interior - firearms permitted but CA state law applies *2
- State Parks, State, California Department of Parks and Recreation - firearms prohibited *3
- Regional Parks, some are county owned (example), some are city owned - firearms often prohibited per local ordinance


*1 - firearms permitted in vehicles and temporary lodgings when unloaded and "packed, cased or stored in a manner that will prevent their ready use"
*1 - The firearms prohibition will be lifted in 2010 from HR 627. See the "Important Notes" in the second post in this thread.

*2 - Unloaded Open Carry is legal almost everywhere in these lands
*2 - Loaded Open Carry is legal in areas where shooting is not prohibited, and in one's campsite (12031 et al)
*2 - Shooting is prohibited within 150 yards of any residence, building, campsite, or developed site, or on/across a road or body of water
*2 - Forest administrators have the authority to prohibit shooting in other areas of the NF but must post this information
*2 - BLM administrators may post closures and restrictions regarding firearms use
*2 - Loaded Concealed Carry is legal for licensed hunters/fishermen, while hunting/fishing, and only where shooting is not prohibited
*2 - Unloaded Concealed Carry is legal for licensed hunters/fishermen, while traveling to/from hunting/fishing trips

*3 - firearms permitted in vehicles and temporary lodgings when unloaded and "packed, cased or stored in a manner that will prevent their ready use"
*3 - CCW permit holders can apparently carry firearms in California State Parks


For completeness, the following are included:

- Wilderness Areas, Federal, within or part of a National Park - firearms currently prohibited *1
- Wilderness Areas, Federal, within or part of a National Forest - shooting and/or possession may be prohibited, check with local ranger station
- National Monuments, Federal, various agencies but usually the NPS - firearms prohibited
- National Wildlife Refuges, Federal, US Fish and Wildlife Service, US Department of the Interior - firearms prohibited except for hunting (when open for such)
- DFG Wildlife Areas and Reserves, State, California Department of Fish & Game - firearms restrictions vary
- US Army Corp of Engineers Recreation Areas (San Francisco District) - firearms mostly prohibited
- PG&E owned Recreation Areas
- Private lands and privately owned campgrounds - firearms either permitted, restricted, or prohibited by the owner


This thread's focus is on parks/forests/campgrounds/etc. in California. Not all of the specifics and subtleties of carry, loaded, and transport laws are covered here. So,

- For more information about open carry, see the Open Carry FAQ.
- For specifics about carry and transport laws, see the California Carry and Transport Flyer.
- For details about the definitions of loaded, see What is Loaded in California.

Except where otherwise specified, this thread information is for people who do not hold a CCW permit.

The first three posts in this thread will be continually updated for accuracy.

[MudCamper]

Following are citations of all applicable state and federal laws.


State PC 12025 (abridged)

12025. (a) A person is guilty of carrying a concealed firearm when he or she does any of the following:

(1) Carries concealed within any vehicle which is under his or her control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.

(2) Carries concealed upon his or her person any pistol, revolver, or other firearm capable of being concealed upon the person.

(f) Firearms carried openly in belt holsters are not concealed within the meaning of this section.

Note: PC 12026.1 and 12026.2 provide exemptions to 12025 for transporting handguns unloaded in a locked case or vehicle trunk.

Note: PC 12025 only applies to hand guns, not rifles or shotguns, which may be concealed.


State PC 12027 exemption to 12025 (abridged)

12027. Section 12025 does not apply to, or affect, any of the following:

(g) Licensed hunters or fishermen carrying pistols, revolvers, or other firearms capable of being concealed upon the person while engaged in hunting or fishing, or transporting those firearms unloaded when going to or returning from the hunting or fishing expedition.

State PC 12031 (abridged)

12031. (a) (1) A person is guilty of carrying a loaded firearm when he or she carries a loaded firearm on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.

(f) As used in this section, "prohibited area" means any place where it is unlawful to discharge a weapon.

(g) A firearm shall be deemed to be loaded for the purposes of this section when there is an unexpended cartridge or shell in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm.

(l) Nothing in this section shall prevent any person from having a loaded weapon, if it is otherwise lawful, at his or her place of residence, including any temporary residence or campsite.

Note: Loaded magazines are not loaded firearms. In "People v. Clark" (1996), the California Court of Appeal clarified that in order to be "loaded" a firearm must have ammunition "placed into a position from which it can be fired". It even went so far as to point out as an example of what is not loaded to include shells attached to a shotgun inside a buttstock shell carrier. Again, for more details, see What is Loaded in California.


State CCR Title 14, Div 3, Chap 1, s 4313 (abridged) (CA State Parks)

(a) No person shall carry, possess or discharge across, in or into any portion of any unit any weapon, firearm...

(c) Firearms not having a cartridge in any portion of the mechanism ... may be possessed within temporary lodging or mechanical mode of conveyance when such implements are rendered temporarily inoperable or are packed, cased, or stored in a manner that will prevent their ready use.

State CPRC 5003.1 (abridged) (CA State Parks)

Hunting shall not be permitted in any unit now in the state park system ... Hunting may only be permitted in new recreational areas and state marine recreational management areas
that are developed for that use

Federal 36 CFR 261.10 (d) (National Forests and National Parks)

The following are prohibited:

(d) Discharging a firearm or any other implement capable of taking human life, causing injury, or damaging property as follows:

(1) In or within 150 yards of a residence, building, campsite, developed recreation site or occupied area, or
(2) Across or on a National Forest System road or a body of water adjacent thereto, or in any manner or place whereby any person or property is exposed to injury or damage as a result in such discharge.
(3) Into or within any cave.

Federal 36 CFR 261.58 (abridged) (National Forests and National Parks)

When provided by an order (per 36 CFR 261.50), the following are prohibited:

(m) Discharging a firearm, air rifle, or gas gun.

Federal 36 CFR 261.57 (abridged) (Wilderness Areas only in NFs and NPs)

When provided by an order (per 36 CFR 261.50), the following are prohibited:

(c) Possessing a firearm or firework.

Federal 43 CFR 8364 (abridged) (BLM lands)

8364.1 Closure and restriction orders.

(a) To protect persons, property, and public lands and resources, the authorized officer may issue an order to close or restrict use of designated public lands.

(The closures and restrictions can include the use of firearms.)


Federal 43 CFR 8365 (abridged) (BLM lands)

8365.2-5 Public health, safety and comfort.

On developed recreation sites and areas, unless otherwise authorized, no person shall:

(a) Discharge or use firearms, other weapons, or fireworks

Federal 50 CFR 27.42 (National Wildlife Refuges)

Only the following persons may possess, use, or transport firearms on national wildlife refuges in accordance with this section and applicable Federal and State law:

(a) Persons using firearms for public hunting under the provisions of 50 CFR part 32.
(b) Persons carrying unloaded firearms, that are dismantled or cased, in vehicles and boats over routes of travel designated under the provision of subchapter C.
(c) Persons authorized to use firearms for the taking of specimens of wildlife for scientific purposes.
(d) Persons authorized by special regulations or permits to possess or use firearms for the protection of property, for field trials, and other special purposes.

Federal 36 CFR 2.4 (a) (National Parks)

(a)(1) Except as otherwise provided in this section and parts 7 (special regulations) and 13 (Alaska regulations), the following are prohibited:

(i) Possessing a weapon, trap or net
(ii) Carrying a weapon, trap or net
(iii) Using a weapon, trap or net

IMPORTANT NOTE: On May 22, 2009, President Obama signed HR 627 into law. This will override 36 CFR 2.4 (a) and 50 CFR 27.42 effective February 22, 2010, at which time firearms will be permitted in NPs but subject to state laws. In California this means UOC/LOC will be legal like in the National Forests. However, it is unclear at this point how this will occur. The Park Service could, for example, prohibit shooting anywhere in the Parks, which for us in California would result in UOC only, because of 12031(f). (Licensed CCW will also be legal.)

H.R.627 s 512 (b):

(b) Protecting the Right of Individuals To Bear arms in Units of the National Park System and the National Wildlife Refuge System- The Secretary of the Interior shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm including an assembled or functional firearm in any unit of the National Park System or the National Wildlife Refuge System if--

(1) the individual is not otherwise prohibited by law from possessing the firearm; and
(2) the possession of the firearm is in compliance with the law of the State in which the unit of the National Park System or the National Wildlife Refuge System is located.

State Fish and Game Code s 2006

It is unlawful to possess a loaded rifle or shotgun in any vehicle or conveyance or its attachments which is standing on or along or is being driven on or along any public highway or other way open to the public.

A rifle or shotgun shall be deemed to be loaded for the purposes of this section when there is an unexpended cartridge or shell in the firing chamber but not when the only cartridges or shells are in the magazine.

State Fish and Game Code s 3004

(a) It is unlawful for any person, other than the owner, person in possession of the premises, or a person having the express permission of the owner or person in possession of the premises, to hunt or to discharge while hunting, any firearm or other deadly weapon within 150 yards of any occupied dwelling house, residence, or other building or any barn or other outbuilding used in connection therewith. The 150-yard area is a "safety zone."

(b) It is unlawful for any person to intentionally discharge any firearm or release any arrow or crossbow bolt over or across any public road or way open to the public, in an unsafe manner.

[MudCamper]

A common source of confusion is assuming that one code exemption applies to all codes. Be careful not to fall into this trap. For example, it is a common misbelief that it is legal to carry/possess a loaded firearm in one's campsite regardless where that campsite is. While it is true that 12031(l) exempts you from 12031, it does not prevent your violation and conviction of some other local, state, or federal code. For an example of this, see Scenario 1 below.

Another common mistake is confusing 12025 (prohibits concealing) with 12031 (prohibits loading). See Scenario 5 and 6 below.


Scenario 1: You are in a California State Park, in your campsite, carrying an unloaded handgun openly in a belt holster.
Status: illegal - violation of CCR Title 14, Div 3, Chap 1, s 4313, possessing a firearm in a State Park

Scenario 2: You are in a National Forest, in your campsite, carrying a loaded handgun openly in a belt holster.
Status: legal - 12031(l) exempts you from 12031

Scenario 3: You are in a National Forest, walking from your campsite to a public pit toilet, carrying a loaded handgun openly in a belt holster.
Status: illegal - 12031 violation - you are not in your own campsite, and are in an area where shooting is prohibited, so 12031 applies

Scenario 4: You are in a National Forest, walking from your campsite to a public pit toilet, carrying an unloaded handgun openly in a belt holster.
Status: legal

Scenario 5: A licensed fisherman is fishing a stream in the National Forest, within 150 yards of a developed campsite. He is carrying a loaded concealed handgun.
Status: illegal - while not violating 12025 (concealed) because of 12027, he is violating 12031 (loaded) because the nearby campsite triggers the "prohibited area" language

Scenario 6: A licensed fisherman is fishing on a lake in a regional park, where carrying and shooting firearms is prohibited by county ordinance. He is carrying a loaded concealed handgun.
Status: illegal - 2 violations - PC 12031 (loaded) and the county ordinance


more scenarios to come...

[krzgoat]

Does this new news have any effect on this?

http://news.yahoo.com/s/ap/20090520/...tional_parks_8

[MudCamper]

Originally Posted by krzgoat

Does this new news have any effect on this?

http://news.yahoo.com/s/ap/20090520/...tional_parks_8

Yes. See the HR 627 note in the second post in this thread.

[evmo]

Originally Posted by MudCamper

"
*2 - Loaded Open Carry is legal in areas where shooting is not prohibited

I'd like a little more clarification on this. Am I allowed to walk along an unpaved fire road in a NF while I LOC? I thought there was a 1/4 mile minimum distance rule for shooting by access roads. Does this include fire roads, jeep trails and such?

[new2me]

Ah, thanks for this; very helpful.

[MudCamper]

Originally Posted by evmo

I'd like a little more clarification on this. Am I allowed to walk along an unpaved fire road in a NF while I LOC? I thought there was a 1/4 mile minimum distance rule for shooting by access roads. Does this include fire roads, jeep trails and such?

Federal 36 CFR 261.10 (d) states:

The following are prohibited:

(d) Discharging a firearm or any other implement capable of taking human life, causing injury, or damaging property as follows:

(1) In or within 150 yards of a residence, building, campsite, developed recreation site or occupied area, or
(2) Across or on a National Forest System road or a body of water adjacent thereto, or in any manner or place whereby any person or property is exposed to injury or damage as a result in such discharge.
(3) Into or within any cave.

And 12031 states:

(f) As used in this section, "prohibited area" means any place where it is unlawful to discharge a weapon.

So no LOC on roads. UOC on roads. Does a dirt "fire road" qualify as a road? Do what you feel comfortable with, but I'd advise caution. I frequent the Mendocino national forest, and some of the "fire roads" (crappy 4WD roads) are actually county roads and the prohibition definitely applies there.

[Gunaria]

Good informative thread, mods please make this a sticky.

[CaliforniaCarry]

Originally Posted by http://www.parks.ca.gov/default.asp?page_id=21301

4313. Weapons and Traps

...

Firearms not having a cartridge in any portion of the mechanism, traps, nets, bows and arrows, other unloaded weapons or devices may be possessed within temporary lodging or mechanical mode of conveyance when such implements are rendered temporarily inoperable or are packed, cased, or stored in a manner that will prevent their ready use.

http://www.parks.ca.gov/default.asp?page_id=21301

For state parks, you should add that unloaded firearms are also permitted in "temporary lodging". I'm not sure exactly what that means, but I would assume that a tent or camper would qualify.

The "not having a cartridge in any portion of the mechanism" is kind of vague. Are magazines considered to be a "portion of the mechanism"?